Sec. 103. Prohibitions
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/bill/117/s/4239/is/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A State may not use a payment made under the Program to carry out— any activity described in paragraph (2); or any other activity which has the purpose or effect of diminishing the ability of any eligible voter to participate in the electoral process. The following are activities described in this paragraph: Activities that intimidate, threaten, or coerce voters, poll workers, or election administrators. The restriction of the distribution of food or nonalcoholic beverages to voters while waiting at polling places (other than restrictions on distributions made on the basis of the electoral participation or political preference of the recipient).
The removal of election administrators from their positions other than for negligence, neglect of duty, or malfeasance in office. Defending against lawsuits alleging voter-suppression practices or proposed practices. The investigation of claims of voter fraud based on the mere invocation of interests in voter confidence or prevention of fraud. The performance of audits that— fail to meet best practices established by the Election Assistance Commission; fail to meet the requirements for record retention under title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ); or otherwise jeopardize election records, voting equipment, electronic poll books, or election management systems (as defined under the voluntary guidance issued by the Election Assistance Commission under section 311 of the Help America Vote Act of 2002 ( 52 U.S.C. 21101 )).
The removal of voters from voter rolls based on evidence that is not reliable. Activities preventing individuals seeking to have their right to vote or register to vote restored. The purchase of voting machines that do not require the use of individual voter-verifiable paper ballots marked through the use of a nontabulating ballot marking device or system. A State receiving a payment under the Program shall establish uniform and nondiscriminatory State-based administrative complaint procedures under which any person who believes that a violation of subsection
(a)has occurred, is occurring, or is about to occur may file a complaint. The State shall transmit to the Director a description of each complaint filed under the procedures, together with— if the State provides a remedy with respect to the complaint, a description of the remedy; or if the State dismisses the complaint, a statement of the reasons for the dismissal. Any person who is dissatisfied with the final decision under a State-based administrative complaint procedure under this subsection may, not later than 60 days after the decision is made, file a request with the Director to review the decision. Upon receiving a request under subparagraph (A), the Director shall review the decision and, in accordance with such procedures as the Director may establish, including procedures to provide notice and an opportunity for a hearing, may uphold the decision or reverse the decision and provide an appropriate remedy. The Director shall make available on a publicly accessible website all material relating to a request for review and determination by the Director under this paragraph, except that the Director may redact material required to be made available under this subparagraph if the material would be properly withheld from disclosure under section 552 of title 5, United States Code, or if the public disclosure of the material is otherwise prohibited by law. Any person aggrieved by an action of the Director under subparagraph
(B)of paragraph
(3)may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed not later than 60 days after the date of the action taken by the Director under subparagraph
(B)of paragraph (3). In any proceeding under this paragraph, the court shall determine whether the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law under section 706 of title 5, United States Code, and may direct the Office to conform with any such determination within 30 days. The Attorney General may bring a civil action against any State in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to enforce subsection (a).
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